Florida Fair Foreclosure Act

Banks, lenders and mortgage servicers have added a new weapon to their arsenal to defeat homeowners in the foreclosure crisis. . .legislation. Unhappy with crowded court dockets and the prying eyes of homeowners’ attorneys and judges, the banking lobby has drafted the Fair Foreclosure Act of 2012.

Industry insiders have proposed a draft bill which, if passed, would essentially preclude homeowners from defending a foreclosure, usurp the due process oversight of the courts and fast track the foreclosure process. If passed, it would discount the past lending, servicing and collection misconduct of banks which created our nation’s current financial crisis.

The Time To Speak Out is Now!!! Florida homeowners must act now to prevent this dangerous bill. If you value your due process protections and don't want banks to take foreclosure out of the courts, it is important to contact your state legislators. Alejandro Sanchez Sen. Mike Haridopolos Rep. Dean Cannon President President of the Senate Speaker of the House The Florida Bankers Association 420 Senate Office Building 420 The Capitol 1001 Thomasville Road, Suite 201 404 South Monroe Street 402 South Monroe Street Tallahassee, FL 32303 Tallahassee, FL 32399 Tallahassee, FL 32399 asanchez@floridabankers.com haridopolos.mike.web@flsenate.gov dean.cannon@myfloridahouse.gov To Email the Sponsor of the Bill: Rep. Kathleen C. Passidomo 324 The Capitol 402 S. Monroe St. Tallahassee, FL 32399-1300 Phone: (850) 488-4487 kathleen.passidomo@myfloridahouse.gov To Email Governor Rick Scott: Rick.Scott@eog.myflorida.com To find out your legislators: www.myfloridahouse.gov Foreclosure without the Courts…..? ...Tell Them “Thanks, But No Thanks!” Banking insiders have proposed a draft bill in the Florida legislature entitled the Fair Foreclosure Act of 2012 which, if passed, would essentially preclude homeowners from defending a foreclosure in court, usurp the due process oversight of the courts and fast track the foreclosure process. Some of the most troubling provisions of the act include: •Non-judicial foreclosure where loan exceeds 120% the property value. •Fast tracking of foreclosure cases once filed. •Court must enter judgment within 45 days for uncontested foreclosures. •Attorney fee entitlement to the prevailing party to the foreclosure. •Repeal of Fla. Stat. 57.105 (sanctions for bringing unsupported claims). This proposed legislation attempts to dispense with due process, exclude the courts, speed up the process and automate the mechanisms to displace Florida homeowners from their homes. If passed, the bill would essentially prohibit homeowners from effectively defending their homes. To Learn More Information about The Florida Fair Foreclosure Act of 2012: Contact Gallagher & Associates Law Firm, P.A. at 727-344-LAWS of info@attorneyoffices.org

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